MIA MIA PASTORAL COMPAMY LIMITED V. BOYLE 53/1921

¢ MIA MIA PASTORAL COMPANY LIMITED V BOYLE. 63/ 17a) Jorn oy (922

ee

Judgmente Knox C.J. °

The appellant sued the respondent for money alleged to

be due on covenants contained in two instruments of mortgage given

by the defendant to Alfred and Emanuel Abrahams and transferred by \ them to the appellant. The grounds of defence were :+

(1) That the covenants sued on were inserted in the instruments of

mortgage by mistake. *

(2) That the defendant exeouted the said instruments as surety for R.M.Boyle and Ellen Boyle and was discharged from liability hy the said A & E Abrahame having given time to the principal i debtor R.M.Boyle. ;

(3) That it was;term of the said instruments that the total amount |

to be advanced to the principal debtors should not exceed £15000 and that by reason of the advances having exceeded that sum the

defendant was either (a) redeased from all liability or (bv)

liable only for the sum for which he would have been apie if

there Had been no such breach or (oc) that the total amount of \

the debt for which he beoame liable was £15000.

Onathe trial of the action MoMillan C.J. found thata the

defendant was a surety under the instruments sued on and directed accounts to be taken to ascertaingthe amounts due from the defendant to the plaintifté on such instruments and that judgment be entered

for the plaintiff for the amount certified to be due on the taking

of such accounts, and reserved the question of costs. The judgment

also contained a declaration that on payment by defendant to plain-

tiff of the amdunt found due and of all costs of the action which

the Court might order to be paid to the plaintiff , vhe defendant

Qe. should be entitled to the collateral securities held by the plain-

tiff to further seoure payment of the amount due from the defendant

to the plaintiff under the inetrumente sued on,